Memorandum of Understanding - TC and DFO

A. Purpose

The purpose of this annex is to delineate the responsibilities and working relationship of the Department of Fisheries and Oceans and Transport Canada regarding the Navigable Waters Protection Act (NWPA), the TERMPOL Code , the International Rapids Power Development Act (IRPDA)and the Canada Shipping Act, Part VI

B. Definition

TERMPOL Code: The "Code of Recommended Standards for the safety and prevention of pollution for marine transportation Systems and related assessment procedures". TP 743

C. Offices of Primary Interest

For the purpose of this annex, inquiries may be addressed to, and issues of concern may be raised with either of these offices:

Transport Canada: Director General, Marine Safety

Fisheries & Oceans: Director General, Marine Navigation Services

D. Legislation

International Rapids Power Development Act: An Act respecting Construction of works for the Generation of Electrical Power in the International rapids section of the St. Lawrence River. (1951)

Navigable Waters Protection Act

Part I Construction of Works in Navigable Waters
Part II Obstacles and Obstructions
Part III Ferry Cables, Swing or Draw Bridges

E. Regulations

Fisheries and Oceans

Navigable Waters Works Regulations

Navigable Waters Bridges Regulations

Ferry Cable Regulations

F. Responsabilities and Authorities

Joint: Transport Canada and Fisheries & Oceans will liaise and co-operate to ensure the efficient administration of the NWPA and the TERMPOL Code, where they apply, and that any changes proposed to the construction of works for power generation on the St. Lawrence River (henceforth referred to as the power project) will not have a detrimental impact on commercial vessel navigation.

Provision of advice and guidance to Fisheries & Oceans with respect to applications (described in Section F, below) administered under the NWPA which might affect commercial vessel navigation.

Ongoing maintenance of the TERMPOL Code and for cooperation with Fisheries and Oceans and others in any application of the Code.

Provision of advice and guidance to Fisheries & Oceans with respect to any aspects of the power project that may adversely impact commercial vessel navigation or the viability of the St. Lawrence ports.

Provision of advice and guidance to Fisheries and Oceans with respect to Part VI of the Canada Shipping Act (Receiver of Wreck).

Fisheries and Oceans:

Authority for approval of the construction of works affecting navigable waterways.

Removal of obstructions to navigation including unauthorized works or other obstructions such as sunken or wrecked vessels.

Regulating the provision and maintenance of precautions required for safe navigation as related to the construction of certain works.

Assessing and minimizing environmental impacts that may be caused by the construction of certain works in navigable waters.

Assessing the navigability status of waterways and exempting works, as appropriate, from the application of the Act.

Act as Receivers of Wreck in respect of custody and disposal of wrecks salvaged in Canadian waters.

Ensure that navigation interests on the St. Lawrence river are addressed.

Liaison with all navigation interests, including the St. Lawrence ports, and all other agencies that have involvement in the power project operation.

G. Procedures and Consultation

Navigable Waters Protection Act

In administering the Navigable Waters Protection Act, proposed works are assessed to determine the degree to which the work may interfere with navigation. Once it is determined that a work may interfere substantially with navigation, the Canadian Environmental Assessment Act is also then triggered, necessitating a determination of the environmental impacts of the project. Substantial interferences with navigation are processed under sections 5(1) and 6(4) of the Navigable Waters Protection Act. All such applications will be referred to Transport Canada Marine Safety. Modifications and repairs are dealt with under sections 10(1) and 10(2). These will also include consultation with Transport Canada. In additio n where sections 16 and 20 of the Navigable Waters Protection Act are applied relating to the removal of obstructions to navigation or abandoned vessels, referrals will be made as required.

Regarding any amendments or changes to the Act, Transport Canada will be consulted as a normal interested party through the Memorandum to Cabinet process.

TERMPOL Code:

TERMPOL is a technical review process which applies to ship operations, terminal systems, transhipment sites and their waterways. It is a team assessment process composed of representatives from Fisheries & Oceans, Transport Canada, Environment Canada and other agencies.

In most circumstances the TERMPOL review process is initiated as a result of an application under the Navigable Waters Protection Act. Consequently, the Department of Fisheries and Oceans is responsible for the TERMPOL process. There are other occasions where the review process may be beneficial and could be initiated by Transport Canada, outside of an application under the NWPA. This arrangement will not prevent TERMPOL being initiated by Transport Canada.

Transport Canada and Fisheries & Oceans will co-operate as full working partners in any application of the TERMPOL process.

It is also recognized that Transport Canada has the required expertise to maintain the TERMPOL code and therefore this responsibility will remain with Transport Canada.

International Rapids Power Development Act / International St. Lawrence River Board of Control: Fisheries & Oceans will consult with Transport Canada as per the normal Memorandum to Cabinet process, if any changes or amendments to the Act are proposed.

Canada Shipping Act, Part VI: In administering Part VI of the Canada Shipping Act, Receivers of Wreck consult with Transport Canada where salvage of wreck from commercial waterways may be involved.